Update on Clark v. Astrue

From Jennifer Parish of UrbanJustice.org:

As many of you already know, the U.S. Court of Appeals for the Second Circuit recently ruled in Clark v. Astrue that an outstanding warrant is not sufficient evidence that a Social Security beneficiary is violating probation or parole.  Currently the decision affects only the named plaintiffs in Clark, but we hope to have a nationwide class certified.  If you represent anyone whose benefits have been suspended because of an outstanding warrant for probation or parole, please be sure to appeal the suspension (in addition to any other advocacy efforts, such as requesting a good cause exception or trying to get the warrant vacated).  NSCLC, Urban Justice Center, and Proskauer LLP represent the plaintiffs. 

Comments

[Bob]

I was in the postition of having my benefits suspended because of a 25 yr. old warrant. I worked hard and got it "dismissed" in 22 days. SSA and I are haggleing over the words dismissed and vacated.
Where the warrant was said upfront--"We don't want you/We won't come get you. And the age of the warrant makes it very unimportant to us."
I've been on disability for three years and SSA wants paid back for two of them.
The attorney who is handling my case doesn't fill me with hope.
How does Clark affect me?

[Patti Dudek]

I am not sure. If you can tell me what state you're in, I'll find someone that may know the answer.

[ole s petersen]

i was denied old age benefits because of an alleged arrest warrant. ssa tells me my benefit will resume in full pursuant to clark v. astrue but not until 2011. that is a long delay since the denial was due to ssa's unlawful actions. any help will be appreciated! ole s petersen co waystation 6221 main street houston tx 77030

[Bob]

Patti;
I'm in Colorado--but the warrant was out of Florida. With the newest defeat of the so-called "Fleeing Felon" law in a federal court, can you maybe explain all legal moves involved in the mess--er, law?

[Bob]

A follow-up.
As I said, it was 25 yrs. old. Have had passports, traveled overseas, Canada a dozen times, was a truck driver with a air cargo company,(investigated background), had drivers licenses, passports, U.S. Homeland Security Dept. Never has this come up in any background check.
The fist letter from SSA said that if I got it dismissed--I would be paid. Then the problems started over the dismiss and Vacate wording.

[Brandon Moses]

How long is the expectation for Class action decision on Clark v Astrue and how long before it is expected to be implemented. Is it worthwile to bring my own lawsuit against Astrue???? Will this expedite payments to me....Thank you

[Patti Dudek]

Brandon, no clue how long it will take. The wheels of justice are painfully slow. Cannot give you legal advice as to a specific case, sorry. I am not licensed in your state. But good luck!

[Patti Dudek]

Sorry, Ole, I am not licensed in Texas. Good luck and keep us posted.

[Tex Hamilton]

On May 8, 2011 social security issued an EMERGENCY MESSAGE to it's field offices regards Clark case. It advised them that until a POM is issued with guidlines to reimburse that they are not to do anything. This could take months as happened in Martinez v Astrue. Contact your congressman and ask them to pressure s/s to immediately issue POM directions so we can get paid!

[Patti Dudek]

No doubt a time that has been way too long coming!

[Brandon Moses]

I agree with Tex Hamilton ...however, since my benefits were denied prior to October 2006 ...I simply reapplied for benefits three days ago...based on the ruling applications for benefits after Oct 2006 can not be denied. This was done in the Martinez settlement. It would not matter on the retroactive payment issue, since the court will hopefully order repayment of any illegally witheld monies. I am hoping for reinstatement with possible retroactivity to Oct 2006. My application was accerpted and is being processed as we speak.

[Patti Dudek]

Thank you for sharing your experience with us!

[Frederick Smith]

My benefits we stopped in late April 2011. I told them at my hearing in late April that there was a class action lawsuit and ssa's policy was changing. I got denied at that hearing anyways and 11 days later the policy changed, I filed a appeal to learn ssa is sitting on it and cant do anything with it. I requested a OTR and she said I cant because they have no instructions. I told her there was a NATIONWIDE classaction approved and she said they are waiting to see how much of the nation it covers. Arent we apart of the SAME NATION? I feel hopeless and stuck now.

[Gil Gray]

My OASDI benefits were suspended in August, 2006 - got the mailing from the SSA to this effect and thought it was a "done deal". Now I see from limited research that I have been able to do, that due to the ruling in Clark vs Astrue that this may not be the case. But SSA, of course is not promulgating this ruling and in my case, has not resumed any payments although the administrtion has my current address.

What must I do to get the ball rolling? Should I engage my own attorney, although very difficult to do as cessation of benefits has left me virtually penniless - depending on family members for a meager subsistence.

The suspension of benefits was due to an outstanding warrant for parole violation - failure to make restitution to the state of Pennsylvania for unremitted sales taxes and witholding deductions - the result of a failed business. I made regular restitution payments of $500 for several years until health issues made it impossible for me to work and continue payments.

I contacted the parole officer when I first got the notice in August 2008 and was informed (since I was now living in Georgia with family) that they had no intention of exercising the warrant and seeking extradition to PA, but also that they would not vacate the warrant.

This has all been a major hardship for me and my family. All of my working life I faithfully funded my social security account with deductions from every paycheck. And now I'm told that payments are and have been suspended and (in inference by local SS personel) that there is basicaly nothing I can do about it.

Patti, what do you suggest? How should I proceed? I need some real help and/or suggestions as to where to get it and how!

[Patti Dudek]

Let me look into it. What state do you live in??

[Gil Gray]

This for Brandon Hamilton or for you Patti:
Brandon stated in a post on June 28, 2011 that he simply re-applied for benefits and his claim was being processed. Was this claim relevanat to Clark or to Martinez? If relevant to Clark, does this mean I only need to re-apply and then expect benefits to be paid? I have read the ruling in Clark and it states that the SSA can no longer deny claims based only on an outstanding warrant, right??

Brandon, can you send me your email address so we can communicate? You can reach me at gilgray@roofertools.com.

[Patti Dudek]

I do know the information. But keep me posted on how things go for you.

[Brandon Moses]

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------)(
,USDCSDNY DOCUMENT . . ELECI'RONlCALLY fILED' DOC#:_'__~-r~- · DATEFlLED: _'2-12-'111
RY AN CLARK, et al.,
06 Civ. 15521 (SHS) Plaintiffs,
ORDER -against-
MICHAEL 1. ASTRUE, Commissioner ofthe Social Security Administration, in his official capacity,
Defendant.
-----------------------------------------------------------------)(
SIDNEY H. STEIN, U.S. District Judge.
Plaintiffs in this class action have moved pursuant to Local Civil Rule 6.3 for clarification and/or reconsideration of the Court's Opinion and Order of March 18,2011, granting their motion for class certification. See Clark v. Astrue, 274 F.R.D. 462 (S.D.N.Y. 2011). That motion is granted and the class definition is clarified as set forth below.
In light ofthe policies concerning the commencement ofthe limitations period, see Social Security Administration, Program Operations Manual System GN 03101.010 "Time Limit for Filing Administrative Appeals," available at https:llsecure.ssa.gov/poms.nsflln)(10203101 01 0, the Court grants plaintiffs' unopposed request to change the start date for the class period to October 24,2006. Consistent with the prior opinion, see Clark, 274 F.R.D. at 468, the Court further amends the class definition to ensure inclusion of all individuals with live claims on or after the date this class action was filed, including those with live challenges to overpayment determinations. At a court conference held on November 23, 2011, the Court proposed a revised class definition to meet the parties' concerns. The parties agreed at that conference that the
Case 1:06-cv-15521-SHS Document 83 Filed 12/02/11 Page 1 of 2

[Brandon Moses]

SSA Administration re:
Baltimore MD.
December 15, 2011
Due to SSA failure to follow simple instructions for handling benefit denials as set forth in the Court’s ruling regarding the class action suit in Clark vs. Astrue, the Court issued a clarification order on December 12, 2011. (attached).
In it clearly states that not only persons denied after October 24, 2006 are part of the class, but more importantly so are those persons that had timely appeals on that date.
This is not a change to the original order, but rather a directive to SSA that their implementation of the order as stated in EM-11032 is ERRONEOUS. EM-11032 wrongly states not to take any action on prior denials. The Court once again flatly rejects that position.
The court reiterated that persons with timely live appeals on that date are part of the class. By definition these persons necessarily had to be denied prior to October 24, 2006.
Further declaring that SSA policy as set forth in EM-11032 does not comply with the Court order certifying class action.
I meet all the tests for class member:
• Denial letter January 19, 2006 (same as lead Plaintiff in Clark vs. Astrue)
• Filed timely appeal within the 60 day limit.
• Continual appeal litigation from that day forward to the present.
• Denial solely based on an alleged violation of parole. No waiver.
• Denial date by law is the date beneficiary was NOTIFIED, not a date arbitrarily set by SSA.
On October 26, 2006 I HAD A TIMELY APPEAL.
Pursuant to the Court’s clarification order of December 12, 2011 my benefits were/are to be reinstated effective March 18, 2011.
It is hoped that EM-11032 will be amended to reflect this order.
Meanwhile I am requesting an OTR determination for immediate reinstatement of my benefits.

___________________
Lloyd Brandon Moses

[Patti Dudek]

Wow! Sorry to hear this. Keep up your fight & keep us posted!

[Joseph Johns]

I am concerned action may be too late as they are continuing a prior suspension of my dad's benefits on a code 5012. He is currently in pain and cannot get medical treatment because he cannot pay for medical insurance due to his benefits being cut since 2008. We fear he might be developing colon cancer. My family has filed appeals and reconsideration and mentioned Clark V.Astrue in them but our pleas have come to no avail as they request for us to file a waver and basically admit they were in the right even-though a federal court has ruled against the practice. Is there anything else I can do before it is too late? I fear how slow things are moving it might already be too late for him if he in fact does have cancer.

[Patti Dudek]

I am so sorry to hear this. Have you applied for Medicaid for him? What state are you in?

[Joseph Johns]

He was on SC medicare at the time of the suspension but as a result of the suspension his medicare protection evaporated as well for some reason. We live in Aiken SC.

The warrant against him was a 35 year old probation warrant issued in Hillsborough County Florida. All these years he has passed several background checks from DNR and DMV and never had a warrant show up. I was very amazed that all the sudden in 2008 this warrant showed up. We had the warrant dropped but even after that they still are forcing him to pay them back.

[Patti Dudek]

Did you appeal this?

[jon]

As a result of the monroe county jail refusing to treat
ananymous with the medications the individual had been prescribed at the time of incarceration
The facility doctor told him and I quote " you are in jail you deserve to be depressed "
and was subsequently denied his medications.Which led to manic episodes with psychotic features and the defendant
having not been in a clear state of mind would have said anything the court wanted to hear
in order to get back on his medications amd his right to freedom.
He has been subjected to unconstitutional cruel and unusual punishment.
And that jail officials we're violating the right to due process of law.
As well as the Americans With Disabilities Act.
In this particular case there was no evidence of wrongdoing.The individuals Miranda rights had never been
read to him until a year later once he had been arrested for the alleged crime of "Attempt to purchase"
And as a result would have led to a not guilty verdict.Had the individual
been able to think clearly.He would have been able to prove the case beyond a reasonable doubt.
The individual in question most certainly would have been found not guilty.
what are your thoughts on that subject and is this a grounds for a possible retrial ?